HomeMy WebLinkAboutMS 01-12; ; 2002-0298977; Covenant.. DOC # 2002-0298977
RECORDED REQUEST OF
First American Title
S'JBDIVSION MAPPING DEPT, CIPR 10, 2002 1-19 PM
RECORDING REQUESTED BY: OFFICI# REm
CREST LOTS, L.P. GREW J. HITHI CURlTy RECNDER
MSK DEVELOPMENT FEES: 2Fj.00
550 LAGUNA DRIVE
CARLSBAD, CA 92008
AND WHEN RECORDED MAIL TO:
SAN DIEGO lwNTy RECORDEA'S OFFICE
8769
CITY CLERK l~~l~l~~~~~!~~l~~~~~~l~~~~~~l~~~~
CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE
CARLSBAD. CA 92008
2002-0298977
SPACE ABOVE THIS LINE FOR RECORDERS USE 1 Z73JYf - 6 ASSESSORS PARCEL NO. 156-152-35 PROJECT NO. 8 NAME MS 01-12 . PR 02-33
MINOR SUBDIVISION
COVENANT FOR EASEMENT
(GOVERNMENT CODE ARTICLE 2.7 COMMENCING
WITH SECTION 65870 OF CHAPTER 4 OF DIVISION 1
OF TITLE 7, CARLSBAD MUNICIPAL CODE SECTION 20.04.140)
CREST LOTS L.P., A CALIFORNIA LIMITED PARTNERSHIP, HEREINAFTER
REFERRED TO AS "OWNER" CREATES A COVENANT FOR EASEMENT FOR THE
PURPOSES STATED HEREON: OVER, ACROSS AND UPON THE REAL PROPERTY
IN EXHIBIT "B". THIS COVENANT FOR EASEMENT MAY BE RELEASED ONLY
ACCORDING TO THE PROCEDURES ESTABLISHED BY LAW IF IT IS DETERMINED
BY THE CITY THAT THE COVENANT IS NO LONGER NEEDED TO ACHIEVE THE
LAND USE GOALS OF THE CITY.
THIS COVENANT FOR EASEMENT IS REQUIRED BY A CONDITION OF APPROVAL
OF CARLSBAD FOR DEVELOPMENT LOCATED ON REAL PROPERTY DESCRIBED
IN EXHIBITS "A" AND "B".
THE PROPERTY BURDENED BY THIS COVENANT FOR EASEMENT IS DESCRIBED
AS FOLLOWS:
DESCRIBED IN EXHIBIT "A" FOR THE BENEFIT OF THE PROPERTY REFERREIYTO
FOR A PROPOSED MINOR SUBDIVISION NUMBER MS 01-12 ISSUED BY THE CITY
SEE EXHIBIT "A ATACHED HERETO AND MADE A PART HEREOF
EXHIBIT "C" IS PROVIDED FOR CLARITY ONLY
THE PROPERTY BENEFITED BY THIS COVENANT FOR EASEMENT IS DESCRIBED
AS FOLLOWS:
SEE EXHlBlT"B" ATACHED HERETO AND MADE A PART HEREOF.
EXHIBIT "C" IS PROVIDED FOR CLARITY ONLY.
+ 8770
THIS COVENANT FOR EASEMENT PROVIDES FOR PRIVATE SEWER PURPOSES
OVER, ACROSS AND UPON THE BURDENED PROPERTY FOR THE BENEFIT OF
THE PROPERTY BENEFITED BY THIS COVENANT.
THIS COVENANT FOR EASEMENT SHALL RUN WITH THE LAND, AND THE
BURDENS OF THE COVENANT FOR EASEMENT SHALL BE BINDING UPON AND
THE BENEFIT OF THE COVENANT FOR EASEMENT SHALLINURE TO THE BENEFIT
OF ALL SUCCESSORS IN INTEREST TO THE REAL PROPERTY.
BY: CREST LOTS L.P.'
A CALIFORNIA LIMITED PARTNERSHIP
BY MSK MANAGEMENT, INC.,
A CALIFORNIA CORPORATION
BY:
BY:
SB'CREtARY-TREASUF&!R
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT
SECRETARY MUST SIGN FOR THE CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUCE COPY OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE
SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE
CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN
THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS COVENANT FOR EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
APPROVED AS TO FORM:
CITY ATTORNEY RONALD R. BALL
’ 8rzl
EXHIBIT “A”
APN 165-1 52-35
ALL THAT PORTION OF PARCEL NO. 4 OF PARCEL MAP 2553, FILED IN THE
SAN DIEGO COUNTY RECORDER’S OFFICE ON APRIL 18,1974, AS SHOWN
ON RECORD OF SURVEY MAP NO. 16531, FILED IN SAID RECORDERS
OFFICE ON MARCH 31, 2000, BEING A PORTION OF LOT 21 OF WlLSONlA
TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN SAID
RECORDER’S OFFICE ON AUGUST 13, 1929, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL NO. 4;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL, SOUTH
34O34’27” EAST, 180.69 FEET (RECORD SOUTH 34”3300” EAST, 180.89 FEET)
TO THE MOST SOUTHERLY CORNER OF SAID PARCEL; THENCE ALONG
THE SOUTHEASTERLY LINE OF SAID PARCEL 4, NORTH 54“07’10 EAST,
10.00 FEET TO THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY
10.00 FEET OF SAID PARCEL 4; THENCE ALONG SAID NORTHEASTERLY
LINE, NORTH 34”3427” WEST, 158.81 FEET; THENCE NORTH l”47’28” WEST,
24.01 FEET; THENCE NORTH 3434’27” WEST, 1.47 FEET TO THE
NORTHWESTERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID
NORTHWESTERLY LINE, SOUTH 5V25’33” WEST, (RECORD SOUTH
55”18’13” WEST), 23.00 FEET TO THE POINT OF BEGINNING.
THIS DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION
EXHIBIT “B” ’ 8772
APN 165-1 52-35
PARCEL NO. 4 OF PARCEL MAP 2553, FILED IN THE SAN DIEGO COUNTY
RECORDERS OFFICE ON APRIL 18, 1974, AS SHOWN ON RECORD OF
SURVEY MAP NO. 16531, FILED IN SAID RECORDERS OFFICE ON MARCH
31, 2000, BEING A PORTION OF LOT 21 OF WlLSONlA TRACT, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 2169, FILED IN SAID RECORDERS
OFFICE ON AUGUST 13,1929.
THIS DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION
. 877.1
i
"
"
EXHIBIT "c"
I"= 100'
PRIVATE SEWER ,EASEMENT TO BE
CONVEYED AND RESERVED AT THE
PARCEL
TIME OF SALE OF ANY FUTURE
SHEET 1 OF 1
\
8774
1 }ss. STATE OF CALIFORNIA COUNTY OF San Diego 1
On 3/18/02 , before me.
personallyappeared Joseph A. Gallaqher and Joyce L. Lively
Linda Lopez
, personally known to me
(I) to be the person(s) whose name@) Ware
subscribed to the within instrument and acknowledged to me thatidshelthey executed the same
in kisfker/their authorized capacity(ies), and that by hb%r/their signature(@ on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
~~~~
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
G 8775
GOVERNMENT CODE 27361 -7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
LlNPP Lap LC Name of the Notary:
Commission Number: 3'32q (z Date Commission Expires: dhJ b zw '4
County Where Bond is Filed: Smp
Manufacturer or Vendor Number: pe c-f
(Located on both sides of the notary seal border)
Signature: ...
Firm Name (if applicable)
Place of Execution: Date: "
Ret. form h'RlO (Rev. 71951